Agenda item

Copies of the following papers attached:-

review of 21/00836/FUL

There had been circulated copies of the request from Mr Gordon Bain, Station Yard, Traquair Road, Innerleithen to review the decision to refuse the planning application for the siting of a mobile catering unit north of existing Station Yard building, creating pedestrian access, gates from Traquair Road (pavement) and installation of demountable timber fence at Station Yard, Traquair Road, Innerleithen.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; Objection comments; and List of policies.  The Planning Adviser drew attention to information, in the form of additional letters of support and a proposal to restrict the location of the catering unit to one place within the site which had been submitted with the Notice of review documentation but which had not been before the Appointed Officer at the time of determination.  Members agreed that the information was new however, the new information did not meet the Section 43B(1) test, and could not be considered.  Members raised concerns about the permanent loss of allocated business and industrial land, the hours of opening, rubbish disposal and smell from the site.   After considering all relevant information, the Local Review Body concluded that provided the proposal was limited to a temporary form of development which would not result in the permanent loss of allocated business and industrial land and provided that the hours of operation were restricted, and matters covering smell and litter were regulated by planning conditions, the development would not adversely affect the amenity of neighbouring residential properties. Consequently, the application was approved, subject to conditions.

DECISION

AGREED that:-

(a)          the request for review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

(b)          new evidence submitted with the Notice of Review in the form of letters of support and proposal to restrict the location of the catering unit to one place within the site did not meet the test set in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could not be considered;

(c)          the review could be considered without the need for further procedure.

(d)          the officer’s decision to refuse the application be overturned and the application be approved, subject to conditions, for the reasons detailed in Appendix IV to this Minute.